Why are discussions of human rights largely absent from Hayek's writings?
Focusing primarily on Hayek's writings in law and politics, the author examines
the building blocks of Hayek's legal theorizing the notions of coercion, the Rule
of Law ideal, justice, negative duties, and liberal as opposed to majoritarian
constitutionalism arguing that each element of Hayek's writing contributes to
his overall perspective on human rights. The author concludes by summarizing the
relationship between the twin themes that drive Hayek's work: his understanding
of the consequences of the transition from Gemeinschaft to Gesellschaft forms
of social interaction and the implications of an increasing degree of functional
specialization in society.
Hayek's vision of the political and economic future has to a remarkable extent come
to pass, and his writings can now be seen to contain much that is orthodox and
widely accepted. The tight weaving of insights from diverse academic disciplines
into a coherent social theory make his work of heightened relevance today, and
many of the core constructs and concerns of his theorizing are useful for
discussions of human rights.
Students and scholars interested in a multidisciplinary approach to libertarian
or liberal theory, legal and political theory, or market liberalism, will find this an
insightful reading of one of our great thinkers.